Firearms Act

This Act may be cited as the Firearms Act.

Defines "any grenade, bomb or other missile whether explosive or not and whether or not capable of or intended for use with a firearm".

Establishes the Firearms Licensing Board, lists its membership, creates a Secretariat, deems prior licensing officers to be Secretariat officers, and assigns functions including certification, licensing decisions, registration, range supervision, record management, and additional Cabinet Secretary-prescribed functions.

Police, customs or licensing officers may demand production of a firearm certificate or permit from persons believed to possess a firearm or ammunition; the demand can be oral or written. If the person fails to produce or allow reading of the certificate, or to show entitlement, the officer may seize the firearm or ammunition and require the person to declare name and address; failure without reasonable cause is an offence punishable by a fine not exceeding ten thousand shillings.

Police, customs or licensing officers may demand production of firearms or ammunition from certificate/permit holders or recent holders; failure without reasonable cause to comply is an offence punishable by a fine up to ten thousand shillings.

Obliterating the serial number of any firearm in his possession is covered by this section.

Persons who contravene the provisions of this section are guilty of an offence and liable to imprisonment for a term of not less than five, but not exceeding ten years.

The licensing officer must not register an applicant prohibited by a court order and may refuse registration if the applicant would be a danger to public safety or the peace; fees are payable on registration; false statements to procure registration are an offence with penalties.

The licensing officer must issue a certificate of registration to persons registered as firearms dealers; the licensing officer must require compliance and may remove a dealer's name from the register after 21 days if they fail to comply; the dealer must surrender the certificate and is deemed registered for limited disposal purposes until surrender or 21 days lapse.

Applicants and registered firearms dealers must provide particulars of every place of business to the licensing officer; the licensing officer must enter notified places in the register but may refuse or remove a place if it poses danger to public safety or the peace.

Section 16 prohibits selling, transferring, repairing or testing firearms or ammunition without a valid firearm certificate and requires sellers to follow certificate instructions and notify the licensing officer within forty‑eight hours.

Businesses dealing in, selling or transferring firearms or ammunition must keep a register of transactions with prescribed particulars; entries must be made within 24 hours and purchasers/transferees must provide identification particulars; police or licensing officers may inspect stock and the register on demand; certain auctions under section 12 are excluded.

Registered firearms dealers must keep a suitable locked store at each business; persons possessing firearms or ammunition must keep them securely and take precautions against loss or access by unauthorised persons; failure is an offence punishable by up to one year imprisonment or a fine up to ten thousand shillings or both.

Court has the power to order that a registered firearms dealer's name be removed from the register.

No person may take a firearm or ammunition in pawn; contravention is an offence punishable by 3–5 years' imprisonment.

Persons other than registered firearms dealers are prohibited from converting imitation firearms into functional firearms; violating this is an offence carrying imprisonment of not less than seven and not exceeding fifteen years.

A person in possession of a firearm or ammunition must report its loss, theft or destruction to the police officer in charge of the nearest police station as soon as possible; failure is an offence punishable by up to one year imprisonment or a fine not exceeding ten thousand shillings or both.

A person aggrieved by certain licensing decisions may appeal to the Cabinet Secretary; appeals must be lodged within fourteen days of receiving notice; the Cabinet Secretary may dismiss or direct the licensing officer and the Cabinet Secretary’s decision is final.

This Part applies to all firearms and ammunition as defined in section 2 and to other weapons capable of being converted into, or having the appearance of, lethal weapons, or usable or adaptable for discharge of noxious substances or missiles, but excludes weapons not declared specially or potentially dangerous by the Cabinet Secretary by notice in the Gazette.

Anyone using or carrying a firearm must obtain a licence to kill game.

It is prohibited for any person to purchase, acquire, possess, manufacture or assemble firearms, ammunition or armoured vehicles without the required certificate or approval; specified offences attract imprisonment.

Creates offences for possession of specified firearms without a licence or permit and for licensed holders unlawfully permitting use; allows a court to order forfeiture of firearms and related exhibits.

Sets application, grant, contents, duration, renewal, variation, surrender and offences related to firearm certificates.

Certain fees are payable in relation to firearm certificates, but specific exemptions apply (e.g. no fee for responsible officers of approved clubs and for certain equipment or purposes).

Lists specific situations and actors who are exempt from holding a firearm certificate.

A licensing officer may refuse to grant, renew or vary a firearm certificate or to grant a permit under subsection (12) of section 7 unless the relevant firearm is produced for inspection and marking.

No person shall manufacture any firearm or ammunition except on behalf of the Government and at places designated and under instructions of the Cabinet Secretary.

Section 26 defines several categories of prohibited or specially regulated weapons and ammunition, grants the Cabinet Secretary powers to specify or revoke authorities by notice, requires persons authorised under such authorities to comply with conditions, and prescribes penalties (including imprisonment and fines) for failure to comply or to surrender revoked authority within fourteen days.

Prohibits unlawful use, disposal, receipt or failure to account for Government firearms or ammunition by public officers and sets criminal penalties and administrative consequences.

Importing or exporting any firearm or ammunition is prohibited unless done under and in accordance with an import or export permit issued by an authorized officer; certain personal-use imports left in customs control until a permit is obtained are excepted.

Imports of firearms or ammunition are allowed only at places designated by the Cabinet Secretary; imported items are to be detained in customs control and removal from customs is prohibited except where specific permits or certificates are obtained.

No person may remove or transport any firearm or ammunition within Kenya except under and in accordance with a removal permit issued by a licensing officer; certain carriers, certificate holders and registered dealers are exempt; contravention is an offence punishable by up to one year imprisonment or a fine not exceeding ten thousand shillings; permits for road transport require Inspector-General authority; licensing officers may revoke permits at any time.

A licensing officer may grant (with or without conditions), refuse, suspend or revoke transit permits for firearms or ammunition passing through Kenya, and arms covered by such permits are lawful and not an offence when handled in accordance with the permit terms.

No person may ship or off-load firearms or ammunition in or from a vessel under five hundred tons burden.

Persons under 12 must not possess firearms or ammunition covered by Part II; persons under 14 must not possess such firearms or ammunition except for specified miniature rifles or shotguns or where other statutory exceptions apply; no one may give such firearms or ammunition to persons known or believed to be under those ages.

It is an offence for any person who is drunk or behaves in a disorderly manner while carrying a firearm to which Part II applies; the person is liable to imprisonment for up to one year or to a fine not exceeding ten thousand shillings or to both.

It is an offence for any person to use or attempt to use a firearm or imitation firearm with intent to commit a criminal offence; the person is guilty and faces imprisonment between seven and fifteen years.

A person aggrieved by certain refusals, revocations, suspensions or conditions on import, export, removal or transit permits may appeal to the Cabinet Secretary, whose decision is final.

Persons convicted or under certain supervisory orders are prohibited from possessing firearms or ammunition; the Court and officials have powers to forfeit firearms, cancel certificates, and require surrender; exemptions may be applied for and the Cabinet Secretary may grant or refuse; penalties and fines apply for non-compliance.

A court may, on application by a police officer, customs officer or licensing officer, order that firearms or ammunition seized and detained under the Act be destroyed or otherwise disposed of.

If firearms or ammunition have been held in police storage for more than three months the Inspector-General of Police may order their destruction or disposal; before doing so he must try to notify the owner and must allow at least two months for the owner to make disposal arrangements; sale proceeds (less expenses) are payable to the owner or, if untraceable, held for three months then paid into the Consolidated Fund.

An owner aggrieved by an act or omission under section 38 may appeal to the Cabinet Secretary — within 14 days of receiving notice or, if no notice, within 30 days of the act or omission — and the Cabinet Secretary's decision is final; on such an appeal the Cabinet Secretary may dismiss it or direct the Inspector‑General of Police about destruction, disposal, sale or retention of the firearm or ammunition.

A police officer may, at all reasonable times, enter and inspect premises (including firearms, documents and records found there) and may require persons in control or employed there to give information to determine compliance with the Act and its rules.

It is an offence for any person to obstruct a police officer exercising powers under section 37 or 40, or to fail to give information lawfully required under those sections; punishable by up to two years' imprisonment or a fine up to twenty thousand shillings, or both.

A police officer may, without a warrant, arrest any person he reasonably suspects of having committed an offence under this Act.

A magistrate of a subordinate court of the first class has the power to try offences under the Act (except offences under subsection (1) of section 34) and to award the punishments provided.

Service is effected by delivering the document to the person to whom it is addressed.

Power to make rules prescribing the form of a firearm certificate, any register required to be kept under this Act, and any other permit or document under this Act.

Certain sections of this Act (section 16; subsections (3) and (4) of section 18; section 33; and section 34) apply to persons in the service of the Government when acting in their capacity and in the course of their duty.